A judgment (vonnis) is the decision of a Dutch district court or subdistrict court in proceedings started by a writ of summons (dagvaarding). This applies to civil cases under the Code of Civil Procedure (Rv) and to criminal cases under the Code of Criminal Procedure (Sv). The court rules on the claims or charges and gives its reasons.
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How does a judgment differ from a decision or ruling on appeal?
Proceedings started by petition end in a decision (beschikking), for example in a divorce. Decisions of a court of appeal or the Supreme Court are called arrest. An interim judgment (tussenvonnis) orders a next step, such as a hearing of witnesses; a final judgment (eindvonnis) decides the case at that level.
What is a default judgment?
If the defendant does not appear, the court can grant judgment by default (verstek, Article 139 Rv). The defendant can file an objection (verzet) within 4 weeks, usually counted from personal service of the judgment (Article 143 Rv).
What are the appeal deadlines?
- Civil cases: 3 months after the judgment (Article 339 Rv), only if the claim exceeds 1,750 euro.
- Preliminary relief proceedings: 4 weeks.
- Criminal cases: 14 days (Article 408 Sv).
When can a judgment be enforced?
Once it is final, or earlier if it is declared provisionally enforceable (uitvoerbaar bij voorraad, Article 233 Rv), even during an appeal. A bailiff must first serve the judgment on the losing party (Article 430 Rv) and can then levy an attachment. A judgment remains enforceable for 20 years.
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